The judge who declared Portland's sidewalk obstruction ordinance unconstitutional in June refused today to grant the city any wiggle room.

"I have no authority to advise the city about what conduct could be constitutionally prohibited," Multnomah County Circuit Judge Stephen Bushong said in ruling on the city's motion to clarify his earlier decision.

Bushong had determined that the city's ordinance banning sitting or lying on the sidewalk was unconstitutional because it conflicted with the state's disorderly conduct statute. The state law allows people to sit or lie on a sidewalk unless they're doing it intentionally to block the way.

In other words, the city's ordinance banned conduct that the state law permitted.

Ellen Osoinach, deputy city attorney, asked whether the city could regulate behavior that fell short of actually blocking pedestrians. "Is the city free to regulate potential obstruction, if not actual obstruction?" Osoinach asked.

Bushong suggested that what the city was really talking about was loitering, and he said courts have rejected loitering laws as unconstitutional.

Osoinach replied that an ordinance against sitting or sleeping on the sidewalk wasn't the same as banning loitering, because people are free to stand around all they want.

She said the city needs some way to prevent chaos on the sidewalks.

The judge said it would be difficult for the city to prohibit conduct on its sidewalks without running afoul of constitutional rights of free speech and assembly.

"The city will never, ever get this type of ordinance to pass constitutional muster," said Clayton Lance, an attorney who represented the woman whose ticket started the case.

The judge said he was prevented by law from offering the city advice, but he listed the city's options: appeal his ruling, take another shot at writing an ordinance or lobbying the Legislature to change the state's disorderly conduct statute.

City Commissioner Nick Fish, who oversees homeless issues, attended the hearing. He declined to comment after the judge's ruling.